repossession and secured loan

sourcrates

I assume they are aware the house was repossessed ?

leolady

I do not know - this Picture Home Loan was arranged by my husband shortly after we bought the property with a Building Society mortgage. I can only assume they were aware there was already a mortgage on the house.  

leolady

I presume they must know that I no longer live at the address that they say the loan is secured against - they send all letters to my present address which is a housing association property.

sourcrates

You cannot secure a loan against an asset you no longer own, any first year barrack room lawyer will tell you that.

They either, don`t know, haven`t realised, or are just stupid.

tallyhoh

Is the OP actually liable for this debt as it was taken out by her hubby?

EssexHebridean

tallyhoh said:

Is the OP actually liable for this debt as it was taken out by her hubby?

Yes - as it was a joint loan the loan company will come after whichever party they can easiest get hold of, liability will likely be "joint and several" which basically means that they are liable both together, and separately. 

As established though, the loan is no longer a secured one - the question is whether any liability still exists at all, I'd suggest. 

OP - I'm going to suggest that you need to get hold of the original mortgage company who held the first charge and ask them for full details of the financial situation around the repossession - that will rule out the most straightforward possibility here that the loan was paid up, and somewhere along the line nobody has lodged the paperwork correctly. I assume you were joint owner of the property still at the time of repo? If so you are quite entitled to ask for this information, and in fact it's poor that they would not already have provided it. 

tallyhoh

EssexHebridean said:

tallyhoh said:

Is the OP actually liable for this debt as it was taken out by her hubby?

Yes - as it was a joint loan the loan company will come after whichever party they can easiest get hold of, liability will likely be "joint and several" which basically means that they are liable both together, and separately. 

As established though, the loan is no longer a secured one - the question is whether any liability still exists at all, I'd suggest. 

OP - I'm going to suggest that you need to get hold of the original mortgage company who held the first charge and ask them for full details of the financial situation around the repossession - that will rule out the most straightforward possibility here that the loan was paid up, and somewhere along the line nobody has lodged the paperwork correctly. I assume you were joint owner of the property still at the time of repo? If so you are quite entitled to ask for this information, and in fact it's poor that they would not already have provided it. 

sorry, I missed the joint bit,

leolady

EssexHebridean said:

tallyhoh said:

Is the OP actually liable for this debt as it was taken out by her hubby?

Yes - as it was a joint loan the loan company will come after whichever party they can easiest get hold of, liability will likely be "joint and several" which basically means that they are liable both together, and separately. 

As established though, the loan is no longer a secured one - the question is whether any liability still exists at all, I'd suggest. 

OP - I'm going to suggest that you need to get hold of the original mortgage company who held the first charge and ask them for full details of the financial situation around the repossession - that will rule out the most straightforward possibility here that the loan was paid up, and somewhere along the line nobody has lodged the paperwork correctly. I assume you were joint owner of the property still at the time of repo? If so you are quite entitled to ask for this information, and in fact it's poor that they would not already have provided it. 

My husband dealt with paperwork and I do not have details or can even remember name of Building Society or even the solicitors used for purchase. I have asked my husband but he says he has no paperwork and that it was all left in repossessed property.
I am wondering if there is any search I can do that would show past owners and charges against a property especially in 2008 -2010.
I appreciate everyone who is trying to help me. Thank you

tealady

Hi
Have you tried land registry, can get the deeds for £3. Those might have info.
Go via Gov.uk website if you do this as there are other sites that charge a lot more.

fatbelly

I think I'd just check the National Debtline letter at them and make them do the donkey work

https://www.nationaldebtline.org/sample-letters/ask-your-mortgage-lender-breakdown-account/

and stop paying until they can evidence what is owed